How long does it take to resolve a dispute in a nursing home?
A nursing home lawsuit can create problems for everyone and you may not have much time to come up with a solution.
The average lawsuit in a nursing home can take anywhere from 18 to 24 months to reach a court decision. As you prepare for any of these cases, you should be prepared for a lengthy process that can be financially and emotionally stressful.
However, it is possible that this process could go faster if you are adequately represented by a knowledgeable attorney from the start. A lawyer can also help you get a larger premium statement at the end of your case.
Why should you close a lawsuit in a nursing home?
You want to settle a nursing home lawsuit when you are facing a lengthy legal process and cannot bear the financial or emotional burden. While you may get more out of a court hearing, you may not have the time or resources to fully pursue a case.
By reaching an agreement, you can also keep details of the experience secret and avoid judgment for or against you. This may be a better option for people facing time constraints or those who want more control over their cases.
How does the billing process for nursing homes work?
While each nursing home settlement case is different, they tend to follow the same basic process.
A nursing home lawsuit usually begins with the victim contacting a lawyer. The attorney will then check whether a case is well founded or not before deciding to take it. Common causes of lawsuits in nursing homes are:
- Abnormal injuries such as bruising or broken bones
- Signs of neglect such as pressure ulcers or malnutrition
- Unjust death
- Abuse of the elderly in relation to finances
Choosing the right attorney to begin this process is critical to the success of your lawsuit and settlement. Pintas and Mullins has 35 years of legal experience. Visit the company’s website if you have additional questions about lawsuits in nursing homes.
Notification of claims and filing of legal action
If an attorney believes your case is valid, they will issue a Notice of Claim (NOC) to the defending parties. That gives them a 60 day warning that you will be filing a civil lawsuit against them. Once that deadline has passed and you and the nursing home have failed to reach an agreement, your attorney will file a civil lawsuit against you setting out your claims.
During the discovery period, each side shares the evidence they have gathered to support their claims. This may include testimony, relevant documents, medical records, and other information relevant to the case.
Letter of Requirement
Your attorney can send an application letter to the nursing home setting out your requirements before a lawsuit. The nursing home can accept your requests or try to negotiate.
If the nursing home does not accept your demands, the next stage is mediation. Both sides will try to reach an agreement. This can be done in person or electronically by phone or email.
Group of people with laptops meeting at the brown wooden table; Image by Fauxels, via Pexels.com.
Settlement or judgment
If both sides agree, after negotiations the nursing home can offer an agreement that the plaintiff can then accept. However, if either side refuses to accept a deal, the case will go to court or, in rare cases, to arbitration.
A nursing home lawsuit can cause distress for everyone involved and you may not have much time to resolve. A lawyer experienced in such cases can help you get the maximum amount you or your loved ones owe in a timely manner. They can walk you through every step of the process making sure nothing is overlooked and that you are in the best possible position to receive what is owed you.